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3. In effecting the Work under this Agreement, Contractor, its
<br />agents, employees, and subcontractors, shall comply with all applicable
<br />federal, state, and local laws, rules, and regulations. All Work
<br />required to be performed by licensed personnel shall be carried out by
<br />personnel so licensed.
<br />4. All persons performing any Work under this Agreement, including
<br />all employees, agents, servants, and subcontractors engaged by
<br />Contractor shall be at all times the sole employees of and subject to
<br />the control and direction of Contractor and shall not be the employees
<br />or subject to the direction or control of Mountain Coal Company in any
<br />way.
<br />5. Contractor shall pay all sales, occupational, gross receipts,
<br />compensating, business, excise, or other taxes of any kind levied or
<br />imposed in connection with the Work. In addition, the contractor shall
<br />furnish the landowner with valid lien waivers duly executed by the
<br />contractor and by all other persons or other entities which might
<br />otherwise acquire liens upon the lands described above pursuant to the
<br />Colorado General Mechanics' Lien Act, section 38-22-101-133 C.R.S.
<br />6. Contractor shall assume the risk of all injuries, including
<br />death resulting therefrom, to persons, (including employees and
<br />contractors of Contractor, Mountain Coal Company or any third party)
<br />and damage to and destruction of property resulting directly or
<br />indirectly, wholly or in part, from the prosecution or omission of any
<br />work or obligation undertaken or required by this Agreement or the
<br />occupation and possession of the premises, and shall indemnify and save
<br />harmless Mountain Coal Company (including its officers, employees,
<br />agents, and affiliated companies) from and against any and all
<br />liability arising therefrom, including all expense, legal or otherwise,
<br />incurred by Mountain Coal Company in the investigation and defense of
<br />any claim or suit. Contractor agrees to indemnify Mountain Coal
<br />Company from and against any and all liability arising from activities
<br />and work conducted pursuant to this Agreement on the above-described
<br />Mountain Coal Company property for the duration of the actual period of
<br />work. It is mutually understood and agreed that the assumption of
<br />liabilities and indemnification provided for in this Agreement shall
<br />survive any termination of this Agreement.
<br />Special provisions attached to this document are conditions of this
<br />agreement.
<br />7. Contractor shall secure, or cause anyone entering upon the
<br />premises at its request to secure, before commencing and shall maintain
<br />or cause to be maintained during the performance of the Work (a)
<br />Comprehensive General Liability Insurance, which includes operations &
<br />premises coverage, products/completed operation coverage, contractual
<br />liability coverage, all on an occurrence basis, all with combined
<br />single limit of liability of $1,000,000.00; (b) Statutory Workmen's
<br />Compensation and Occupational Disease Disability Insurance; (c)
<br />Employers' Liability Insurance with limits of $500,000.00 each
<br />occurrence; (d) Automobile Insurance with a combined single limit of
<br />liability of $1,000,000.00. Prior to commencing work, Contractor shall
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